- 31 - 2. Discussion As directed by section 6015(f), respondent has prescribed procedures to use in determining whether a relief-seeking spouse qualifies for relief under section 6015(f). Those procedures are found in Rev. Proc. 2000-15 (the revenue procedure), 2000-5 I.R.B. 447, modifying and superseding Notice 98-61, 1998-51 I.R.B. 13. Section 7 of the revenue procedure states that it is effective on January 18, 2000, which precedes David’s submission to respondent of the Form 8857 on June 13, 2000. Section 4.03 of the revenue procedure, applicable to a relief-seeking spouse in Barbara’s situation, provides: “The Secretary may grant equitable relief under � 6015(f) * * * if, taking into account all the facts and circumstances, it is inequitable to hold the requesting spouse liable for all or part of the unpaid liability or deficiency.” The revenue procedure includes a partial list of positive and negative factors that will be taken into account in determining whether to grant full or partial relief and cautions that no single factor will be determinative of whether equitable relief will or will not be granted in any particular case. It states: “Rather, all factors will be considered and weighed appropriately.” Petitioners have failed to introduce any evidence showing the basis for respondent’s rejection of their claim for equitable relief for Barbara. Nevertheless, the revenue procedure establishes as factors weighing against equitable relief whetherPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011